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COMMISSION ON HUMAN COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES RIGHTS AND OPPORTUNITIES EXPEDITED CASE EXPEDITED CASE PROCESSING PROCESSING PURSUANT TO PURSUANT TO PUBLIC ACT 11 PUBLIC ACT 11 - - 237 237

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Page 1: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

COMMISSION ON HUMAN COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIESRIGHTS AND OPPORTUNITIES

EXPEDITED CASE EXPEDITED CASE PROCESSING PROCESSING PURSUANT TO PURSUANT TO PUBLIC ACT 11PUBLIC ACT 11-- 237237

Goals of this trainingGoals of this training

To inform To inform constituents about constituents about

how CHRO processes how CHRO processes complaints and to complaints and to

highlight changes in highlight changes in the processing as a the processing as a result of Public Act result of Public Act

1111--237237

Public Act 11Public Act 11--237 Themes237 Themes

Expedite case processingExpedite case processingFocus on early mediation of casesFocus on early mediation of casesMake the best use of limited Make the best use of limited CHRO resourcesCHRO resourcesClear our backlogClear our backlog

Themes of the Legislation contThemes of the Legislation contrsquorsquodd

Increase uniformity among the Increase uniformity among the regional officesregional officesInvolve legal department with Involve legal department with case processingcase processingIncrease use of technologyIncrease use of technology

180 day Statute of Limitations180 day Statute of Limitations

Complaints must generally be filed Complaints must generally be filed within 180 days of the date of the within 180 days of the date of the

alleged act of discrimination or within alleged act of discrimination or within 180 days of the date that 180 days of the date that

complainant became aware of the complainant became aware of the actact

Where to File a CHRO Complaint Where to File a CHRO Complaint in Connecticutin Connecticut

To file an employment discrimination complaint go to the To file an employment discrimination complaint go to the contacting uscontacting us link at link at

httphttpwwwstatectuschroHowTohtmwwwstatectuschroHowTohtm

to find the town in which the alleged discriminatory act to find the town in which the alleged discriminatory act took place and the phone number of the Regional Office took place and the phone number of the Regional Office

that serves that townthat serves that town

CHRO Complaint ProcessCHRO Complaint ProcessComplainant files a Complainant files a complaintcomplaint

Respondent files an Respondent files an answer and responses answer and responses to to ldquoldquoSchedule ASchedule Ardquordquo

Complainant may file Complainant may file rebuttalrebuttal

Answer and Responses to

Document Requests

Rebuttal

Complaint

MERIT ASSESSMENT REVIEWMERIT ASSESSMENT REVIEWThe CHRO will then review the complaint answer (and related documents) and rebuttal and conduct a Merit Assessment Review (MAR) to determine whether the complaint should be retained for a full investigation or dismissed

STANDARD 1 STANDARD 1 ndashndash Does the complaint fail to state a claim for Does the complaint fail to state a claim for reliefrelief

STANDARD 2 STANDARD 2 ndashndash Is the complaint frivolous on its faceIs the complaint frivolous on its face

STANDARD 3 STANDARD 3 ndashndash Is the respondent exempt from the provisions of Is the respondent exempt from the provisions of Chapter 814c of Connecticut General StatutesChapter 814c of Connecticut General Statutes

STANDARD 4 STANDARD 4 ndashndash Is there no reasonable possibility that Is there no reasonable possibility that investigating the complaint will result in a finding of reasonabinvestigating the complaint will result in a finding of reasonable le causecause

What happens after MAR if the What happens after MAR if the case is dismissedcase is dismissed

The Complainant has 15 The Complainant has 15 days to ask for a Release days to ask for a Release of Jurisdictionof Jurisdiction

If there is no request for If there is no request for a Release of Jurisdiction a Release of Jurisdiction the legal department will the legal department will do a do a ldquoldquoLegal ReviewLegal Reviewrdquordquo of of the case to determine if it the case to determine if it should be reinstatedshould be reinstated

Reasons a case would be Reasons a case would be reinstated after a Legal Reviewreinstated after a Legal Review

Relevant comparative Relevant comparative data not provided data not provided Credibility issues must Credibility issues must be resolved be resolved Witnesses need to be Witnesses need to be interviewed interviewed Documents need to Documents need to be sought be sought Response insufficient Response insufficient to support dismissal to support dismissal

Disputed issues of Disputed issues of fact that need to be fact that need to be resolved resolved Information sought in Information sought in the Schedule A the Schedule A request was not request was not provided provided Determination Determination regarding lack of regarding lack of jurisdiction flawed jurisdiction flawed

POSTPOST-- LEGAL REVIEWLEGAL REVIEW

If the complaint is reinstated a letter will If the complaint is reinstated a letter will be sent to the parties be sent to the parties

After legal review denying reinstatement After legal review denying reinstatement a letter will be sent to the parties with the a letter will be sent to the parties with the ROJ ROJ

What happens after MAR What happens after MAR

NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation will Mediation will take place take place shortly after shortly after each case is each case is retained or retained or reinstatedreinstated

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 2: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Goals of this trainingGoals of this training

To inform To inform constituents about constituents about

how CHRO processes how CHRO processes complaints and to complaints and to

highlight changes in highlight changes in the processing as a the processing as a result of Public Act result of Public Act

1111--237237

Public Act 11Public Act 11--237 Themes237 Themes

Expedite case processingExpedite case processingFocus on early mediation of casesFocus on early mediation of casesMake the best use of limited Make the best use of limited CHRO resourcesCHRO resourcesClear our backlogClear our backlog

Themes of the Legislation contThemes of the Legislation contrsquorsquodd

Increase uniformity among the Increase uniformity among the regional officesregional officesInvolve legal department with Involve legal department with case processingcase processingIncrease use of technologyIncrease use of technology

180 day Statute of Limitations180 day Statute of Limitations

Complaints must generally be filed Complaints must generally be filed within 180 days of the date of the within 180 days of the date of the

alleged act of discrimination or within alleged act of discrimination or within 180 days of the date that 180 days of the date that

complainant became aware of the complainant became aware of the actact

Where to File a CHRO Complaint Where to File a CHRO Complaint in Connecticutin Connecticut

To file an employment discrimination complaint go to the To file an employment discrimination complaint go to the contacting uscontacting us link at link at

httphttpwwwstatectuschroHowTohtmwwwstatectuschroHowTohtm

to find the town in which the alleged discriminatory act to find the town in which the alleged discriminatory act took place and the phone number of the Regional Office took place and the phone number of the Regional Office

that serves that townthat serves that town

CHRO Complaint ProcessCHRO Complaint ProcessComplainant files a Complainant files a complaintcomplaint

Respondent files an Respondent files an answer and responses answer and responses to to ldquoldquoSchedule ASchedule Ardquordquo

Complainant may file Complainant may file rebuttalrebuttal

Answer and Responses to

Document Requests

Rebuttal

Complaint

MERIT ASSESSMENT REVIEWMERIT ASSESSMENT REVIEWThe CHRO will then review the complaint answer (and related documents) and rebuttal and conduct a Merit Assessment Review (MAR) to determine whether the complaint should be retained for a full investigation or dismissed

STANDARD 1 STANDARD 1 ndashndash Does the complaint fail to state a claim for Does the complaint fail to state a claim for reliefrelief

STANDARD 2 STANDARD 2 ndashndash Is the complaint frivolous on its faceIs the complaint frivolous on its face

STANDARD 3 STANDARD 3 ndashndash Is the respondent exempt from the provisions of Is the respondent exempt from the provisions of Chapter 814c of Connecticut General StatutesChapter 814c of Connecticut General Statutes

STANDARD 4 STANDARD 4 ndashndash Is there no reasonable possibility that Is there no reasonable possibility that investigating the complaint will result in a finding of reasonabinvestigating the complaint will result in a finding of reasonable le causecause

What happens after MAR if the What happens after MAR if the case is dismissedcase is dismissed

The Complainant has 15 The Complainant has 15 days to ask for a Release days to ask for a Release of Jurisdictionof Jurisdiction

If there is no request for If there is no request for a Release of Jurisdiction a Release of Jurisdiction the legal department will the legal department will do a do a ldquoldquoLegal ReviewLegal Reviewrdquordquo of of the case to determine if it the case to determine if it should be reinstatedshould be reinstated

Reasons a case would be Reasons a case would be reinstated after a Legal Reviewreinstated after a Legal Review

Relevant comparative Relevant comparative data not provided data not provided Credibility issues must Credibility issues must be resolved be resolved Witnesses need to be Witnesses need to be interviewed interviewed Documents need to Documents need to be sought be sought Response insufficient Response insufficient to support dismissal to support dismissal

Disputed issues of Disputed issues of fact that need to be fact that need to be resolved resolved Information sought in Information sought in the Schedule A the Schedule A request was not request was not provided provided Determination Determination regarding lack of regarding lack of jurisdiction flawed jurisdiction flawed

POSTPOST-- LEGAL REVIEWLEGAL REVIEW

If the complaint is reinstated a letter will If the complaint is reinstated a letter will be sent to the parties be sent to the parties

After legal review denying reinstatement After legal review denying reinstatement a letter will be sent to the parties with the a letter will be sent to the parties with the ROJ ROJ

What happens after MAR What happens after MAR

NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation will Mediation will take place take place shortly after shortly after each case is each case is retained or retained or reinstatedreinstated

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 3: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Public Act 11Public Act 11--237 Themes237 Themes

Expedite case processingExpedite case processingFocus on early mediation of casesFocus on early mediation of casesMake the best use of limited Make the best use of limited CHRO resourcesCHRO resourcesClear our backlogClear our backlog

Themes of the Legislation contThemes of the Legislation contrsquorsquodd

Increase uniformity among the Increase uniformity among the regional officesregional officesInvolve legal department with Involve legal department with case processingcase processingIncrease use of technologyIncrease use of technology

180 day Statute of Limitations180 day Statute of Limitations

Complaints must generally be filed Complaints must generally be filed within 180 days of the date of the within 180 days of the date of the

alleged act of discrimination or within alleged act of discrimination or within 180 days of the date that 180 days of the date that

complainant became aware of the complainant became aware of the actact

Where to File a CHRO Complaint Where to File a CHRO Complaint in Connecticutin Connecticut

To file an employment discrimination complaint go to the To file an employment discrimination complaint go to the contacting uscontacting us link at link at

httphttpwwwstatectuschroHowTohtmwwwstatectuschroHowTohtm

to find the town in which the alleged discriminatory act to find the town in which the alleged discriminatory act took place and the phone number of the Regional Office took place and the phone number of the Regional Office

that serves that townthat serves that town

CHRO Complaint ProcessCHRO Complaint ProcessComplainant files a Complainant files a complaintcomplaint

Respondent files an Respondent files an answer and responses answer and responses to to ldquoldquoSchedule ASchedule Ardquordquo

Complainant may file Complainant may file rebuttalrebuttal

Answer and Responses to

Document Requests

Rebuttal

Complaint

MERIT ASSESSMENT REVIEWMERIT ASSESSMENT REVIEWThe CHRO will then review the complaint answer (and related documents) and rebuttal and conduct a Merit Assessment Review (MAR) to determine whether the complaint should be retained for a full investigation or dismissed

STANDARD 1 STANDARD 1 ndashndash Does the complaint fail to state a claim for Does the complaint fail to state a claim for reliefrelief

STANDARD 2 STANDARD 2 ndashndash Is the complaint frivolous on its faceIs the complaint frivolous on its face

STANDARD 3 STANDARD 3 ndashndash Is the respondent exempt from the provisions of Is the respondent exempt from the provisions of Chapter 814c of Connecticut General StatutesChapter 814c of Connecticut General Statutes

STANDARD 4 STANDARD 4 ndashndash Is there no reasonable possibility that Is there no reasonable possibility that investigating the complaint will result in a finding of reasonabinvestigating the complaint will result in a finding of reasonable le causecause

What happens after MAR if the What happens after MAR if the case is dismissedcase is dismissed

The Complainant has 15 The Complainant has 15 days to ask for a Release days to ask for a Release of Jurisdictionof Jurisdiction

If there is no request for If there is no request for a Release of Jurisdiction a Release of Jurisdiction the legal department will the legal department will do a do a ldquoldquoLegal ReviewLegal Reviewrdquordquo of of the case to determine if it the case to determine if it should be reinstatedshould be reinstated

Reasons a case would be Reasons a case would be reinstated after a Legal Reviewreinstated after a Legal Review

Relevant comparative Relevant comparative data not provided data not provided Credibility issues must Credibility issues must be resolved be resolved Witnesses need to be Witnesses need to be interviewed interviewed Documents need to Documents need to be sought be sought Response insufficient Response insufficient to support dismissal to support dismissal

Disputed issues of Disputed issues of fact that need to be fact that need to be resolved resolved Information sought in Information sought in the Schedule A the Schedule A request was not request was not provided provided Determination Determination regarding lack of regarding lack of jurisdiction flawed jurisdiction flawed

POSTPOST-- LEGAL REVIEWLEGAL REVIEW

If the complaint is reinstated a letter will If the complaint is reinstated a letter will be sent to the parties be sent to the parties

After legal review denying reinstatement After legal review denying reinstatement a letter will be sent to the parties with the a letter will be sent to the parties with the ROJ ROJ

What happens after MAR What happens after MAR

NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation will Mediation will take place take place shortly after shortly after each case is each case is retained or retained or reinstatedreinstated

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 4: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Themes of the Legislation contThemes of the Legislation contrsquorsquodd

Increase uniformity among the Increase uniformity among the regional officesregional officesInvolve legal department with Involve legal department with case processingcase processingIncrease use of technologyIncrease use of technology

180 day Statute of Limitations180 day Statute of Limitations

Complaints must generally be filed Complaints must generally be filed within 180 days of the date of the within 180 days of the date of the

alleged act of discrimination or within alleged act of discrimination or within 180 days of the date that 180 days of the date that

complainant became aware of the complainant became aware of the actact

Where to File a CHRO Complaint Where to File a CHRO Complaint in Connecticutin Connecticut

To file an employment discrimination complaint go to the To file an employment discrimination complaint go to the contacting uscontacting us link at link at

httphttpwwwstatectuschroHowTohtmwwwstatectuschroHowTohtm

to find the town in which the alleged discriminatory act to find the town in which the alleged discriminatory act took place and the phone number of the Regional Office took place and the phone number of the Regional Office

that serves that townthat serves that town

CHRO Complaint ProcessCHRO Complaint ProcessComplainant files a Complainant files a complaintcomplaint

Respondent files an Respondent files an answer and responses answer and responses to to ldquoldquoSchedule ASchedule Ardquordquo

Complainant may file Complainant may file rebuttalrebuttal

Answer and Responses to

Document Requests

Rebuttal

Complaint

MERIT ASSESSMENT REVIEWMERIT ASSESSMENT REVIEWThe CHRO will then review the complaint answer (and related documents) and rebuttal and conduct a Merit Assessment Review (MAR) to determine whether the complaint should be retained for a full investigation or dismissed

STANDARD 1 STANDARD 1 ndashndash Does the complaint fail to state a claim for Does the complaint fail to state a claim for reliefrelief

STANDARD 2 STANDARD 2 ndashndash Is the complaint frivolous on its faceIs the complaint frivolous on its face

STANDARD 3 STANDARD 3 ndashndash Is the respondent exempt from the provisions of Is the respondent exempt from the provisions of Chapter 814c of Connecticut General StatutesChapter 814c of Connecticut General Statutes

STANDARD 4 STANDARD 4 ndashndash Is there no reasonable possibility that Is there no reasonable possibility that investigating the complaint will result in a finding of reasonabinvestigating the complaint will result in a finding of reasonable le causecause

What happens after MAR if the What happens after MAR if the case is dismissedcase is dismissed

The Complainant has 15 The Complainant has 15 days to ask for a Release days to ask for a Release of Jurisdictionof Jurisdiction

If there is no request for If there is no request for a Release of Jurisdiction a Release of Jurisdiction the legal department will the legal department will do a do a ldquoldquoLegal ReviewLegal Reviewrdquordquo of of the case to determine if it the case to determine if it should be reinstatedshould be reinstated

Reasons a case would be Reasons a case would be reinstated after a Legal Reviewreinstated after a Legal Review

Relevant comparative Relevant comparative data not provided data not provided Credibility issues must Credibility issues must be resolved be resolved Witnesses need to be Witnesses need to be interviewed interviewed Documents need to Documents need to be sought be sought Response insufficient Response insufficient to support dismissal to support dismissal

Disputed issues of Disputed issues of fact that need to be fact that need to be resolved resolved Information sought in Information sought in the Schedule A the Schedule A request was not request was not provided provided Determination Determination regarding lack of regarding lack of jurisdiction flawed jurisdiction flawed

POSTPOST-- LEGAL REVIEWLEGAL REVIEW

If the complaint is reinstated a letter will If the complaint is reinstated a letter will be sent to the parties be sent to the parties

After legal review denying reinstatement After legal review denying reinstatement a letter will be sent to the parties with the a letter will be sent to the parties with the ROJ ROJ

What happens after MAR What happens after MAR

NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation will Mediation will take place take place shortly after shortly after each case is each case is retained or retained or reinstatedreinstated

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 5: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

180 day Statute of Limitations180 day Statute of Limitations

Complaints must generally be filed Complaints must generally be filed within 180 days of the date of the within 180 days of the date of the

alleged act of discrimination or within alleged act of discrimination or within 180 days of the date that 180 days of the date that

complainant became aware of the complainant became aware of the actact

Where to File a CHRO Complaint Where to File a CHRO Complaint in Connecticutin Connecticut

To file an employment discrimination complaint go to the To file an employment discrimination complaint go to the contacting uscontacting us link at link at

httphttpwwwstatectuschroHowTohtmwwwstatectuschroHowTohtm

to find the town in which the alleged discriminatory act to find the town in which the alleged discriminatory act took place and the phone number of the Regional Office took place and the phone number of the Regional Office

that serves that townthat serves that town

CHRO Complaint ProcessCHRO Complaint ProcessComplainant files a Complainant files a complaintcomplaint

Respondent files an Respondent files an answer and responses answer and responses to to ldquoldquoSchedule ASchedule Ardquordquo

Complainant may file Complainant may file rebuttalrebuttal

Answer and Responses to

Document Requests

Rebuttal

Complaint

MERIT ASSESSMENT REVIEWMERIT ASSESSMENT REVIEWThe CHRO will then review the complaint answer (and related documents) and rebuttal and conduct a Merit Assessment Review (MAR) to determine whether the complaint should be retained for a full investigation or dismissed

STANDARD 1 STANDARD 1 ndashndash Does the complaint fail to state a claim for Does the complaint fail to state a claim for reliefrelief

STANDARD 2 STANDARD 2 ndashndash Is the complaint frivolous on its faceIs the complaint frivolous on its face

STANDARD 3 STANDARD 3 ndashndash Is the respondent exempt from the provisions of Is the respondent exempt from the provisions of Chapter 814c of Connecticut General StatutesChapter 814c of Connecticut General Statutes

STANDARD 4 STANDARD 4 ndashndash Is there no reasonable possibility that Is there no reasonable possibility that investigating the complaint will result in a finding of reasonabinvestigating the complaint will result in a finding of reasonable le causecause

What happens after MAR if the What happens after MAR if the case is dismissedcase is dismissed

The Complainant has 15 The Complainant has 15 days to ask for a Release days to ask for a Release of Jurisdictionof Jurisdiction

If there is no request for If there is no request for a Release of Jurisdiction a Release of Jurisdiction the legal department will the legal department will do a do a ldquoldquoLegal ReviewLegal Reviewrdquordquo of of the case to determine if it the case to determine if it should be reinstatedshould be reinstated

Reasons a case would be Reasons a case would be reinstated after a Legal Reviewreinstated after a Legal Review

Relevant comparative Relevant comparative data not provided data not provided Credibility issues must Credibility issues must be resolved be resolved Witnesses need to be Witnesses need to be interviewed interviewed Documents need to Documents need to be sought be sought Response insufficient Response insufficient to support dismissal to support dismissal

Disputed issues of Disputed issues of fact that need to be fact that need to be resolved resolved Information sought in Information sought in the Schedule A the Schedule A request was not request was not provided provided Determination Determination regarding lack of regarding lack of jurisdiction flawed jurisdiction flawed

POSTPOST-- LEGAL REVIEWLEGAL REVIEW

If the complaint is reinstated a letter will If the complaint is reinstated a letter will be sent to the parties be sent to the parties

After legal review denying reinstatement After legal review denying reinstatement a letter will be sent to the parties with the a letter will be sent to the parties with the ROJ ROJ

What happens after MAR What happens after MAR

NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation will Mediation will take place take place shortly after shortly after each case is each case is retained or retained or reinstatedreinstated

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 6: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Where to File a CHRO Complaint Where to File a CHRO Complaint in Connecticutin Connecticut

To file an employment discrimination complaint go to the To file an employment discrimination complaint go to the contacting uscontacting us link at link at

httphttpwwwstatectuschroHowTohtmwwwstatectuschroHowTohtm

to find the town in which the alleged discriminatory act to find the town in which the alleged discriminatory act took place and the phone number of the Regional Office took place and the phone number of the Regional Office

that serves that townthat serves that town

CHRO Complaint ProcessCHRO Complaint ProcessComplainant files a Complainant files a complaintcomplaint

Respondent files an Respondent files an answer and responses answer and responses to to ldquoldquoSchedule ASchedule Ardquordquo

Complainant may file Complainant may file rebuttalrebuttal

Answer and Responses to

Document Requests

Rebuttal

Complaint

MERIT ASSESSMENT REVIEWMERIT ASSESSMENT REVIEWThe CHRO will then review the complaint answer (and related documents) and rebuttal and conduct a Merit Assessment Review (MAR) to determine whether the complaint should be retained for a full investigation or dismissed

STANDARD 1 STANDARD 1 ndashndash Does the complaint fail to state a claim for Does the complaint fail to state a claim for reliefrelief

STANDARD 2 STANDARD 2 ndashndash Is the complaint frivolous on its faceIs the complaint frivolous on its face

STANDARD 3 STANDARD 3 ndashndash Is the respondent exempt from the provisions of Is the respondent exempt from the provisions of Chapter 814c of Connecticut General StatutesChapter 814c of Connecticut General Statutes

STANDARD 4 STANDARD 4 ndashndash Is there no reasonable possibility that Is there no reasonable possibility that investigating the complaint will result in a finding of reasonabinvestigating the complaint will result in a finding of reasonable le causecause

What happens after MAR if the What happens after MAR if the case is dismissedcase is dismissed

The Complainant has 15 The Complainant has 15 days to ask for a Release days to ask for a Release of Jurisdictionof Jurisdiction

If there is no request for If there is no request for a Release of Jurisdiction a Release of Jurisdiction the legal department will the legal department will do a do a ldquoldquoLegal ReviewLegal Reviewrdquordquo of of the case to determine if it the case to determine if it should be reinstatedshould be reinstated

Reasons a case would be Reasons a case would be reinstated after a Legal Reviewreinstated after a Legal Review

Relevant comparative Relevant comparative data not provided data not provided Credibility issues must Credibility issues must be resolved be resolved Witnesses need to be Witnesses need to be interviewed interviewed Documents need to Documents need to be sought be sought Response insufficient Response insufficient to support dismissal to support dismissal

Disputed issues of Disputed issues of fact that need to be fact that need to be resolved resolved Information sought in Information sought in the Schedule A the Schedule A request was not request was not provided provided Determination Determination regarding lack of regarding lack of jurisdiction flawed jurisdiction flawed

POSTPOST-- LEGAL REVIEWLEGAL REVIEW

If the complaint is reinstated a letter will If the complaint is reinstated a letter will be sent to the parties be sent to the parties

After legal review denying reinstatement After legal review denying reinstatement a letter will be sent to the parties with the a letter will be sent to the parties with the ROJ ROJ

What happens after MAR What happens after MAR

NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation will Mediation will take place take place shortly after shortly after each case is each case is retained or retained or reinstatedreinstated

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 7: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

CHRO Complaint ProcessCHRO Complaint ProcessComplainant files a Complainant files a complaintcomplaint

Respondent files an Respondent files an answer and responses answer and responses to to ldquoldquoSchedule ASchedule Ardquordquo

Complainant may file Complainant may file rebuttalrebuttal

Answer and Responses to

Document Requests

Rebuttal

Complaint

MERIT ASSESSMENT REVIEWMERIT ASSESSMENT REVIEWThe CHRO will then review the complaint answer (and related documents) and rebuttal and conduct a Merit Assessment Review (MAR) to determine whether the complaint should be retained for a full investigation or dismissed

STANDARD 1 STANDARD 1 ndashndash Does the complaint fail to state a claim for Does the complaint fail to state a claim for reliefrelief

STANDARD 2 STANDARD 2 ndashndash Is the complaint frivolous on its faceIs the complaint frivolous on its face

STANDARD 3 STANDARD 3 ndashndash Is the respondent exempt from the provisions of Is the respondent exempt from the provisions of Chapter 814c of Connecticut General StatutesChapter 814c of Connecticut General Statutes

STANDARD 4 STANDARD 4 ndashndash Is there no reasonable possibility that Is there no reasonable possibility that investigating the complaint will result in a finding of reasonabinvestigating the complaint will result in a finding of reasonable le causecause

What happens after MAR if the What happens after MAR if the case is dismissedcase is dismissed

The Complainant has 15 The Complainant has 15 days to ask for a Release days to ask for a Release of Jurisdictionof Jurisdiction

If there is no request for If there is no request for a Release of Jurisdiction a Release of Jurisdiction the legal department will the legal department will do a do a ldquoldquoLegal ReviewLegal Reviewrdquordquo of of the case to determine if it the case to determine if it should be reinstatedshould be reinstated

Reasons a case would be Reasons a case would be reinstated after a Legal Reviewreinstated after a Legal Review

Relevant comparative Relevant comparative data not provided data not provided Credibility issues must Credibility issues must be resolved be resolved Witnesses need to be Witnesses need to be interviewed interviewed Documents need to Documents need to be sought be sought Response insufficient Response insufficient to support dismissal to support dismissal

Disputed issues of Disputed issues of fact that need to be fact that need to be resolved resolved Information sought in Information sought in the Schedule A the Schedule A request was not request was not provided provided Determination Determination regarding lack of regarding lack of jurisdiction flawed jurisdiction flawed

POSTPOST-- LEGAL REVIEWLEGAL REVIEW

If the complaint is reinstated a letter will If the complaint is reinstated a letter will be sent to the parties be sent to the parties

After legal review denying reinstatement After legal review denying reinstatement a letter will be sent to the parties with the a letter will be sent to the parties with the ROJ ROJ

What happens after MAR What happens after MAR

NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation will Mediation will take place take place shortly after shortly after each case is each case is retained or retained or reinstatedreinstated

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 8: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

MERIT ASSESSMENT REVIEWMERIT ASSESSMENT REVIEWThe CHRO will then review the complaint answer (and related documents) and rebuttal and conduct a Merit Assessment Review (MAR) to determine whether the complaint should be retained for a full investigation or dismissed

STANDARD 1 STANDARD 1 ndashndash Does the complaint fail to state a claim for Does the complaint fail to state a claim for reliefrelief

STANDARD 2 STANDARD 2 ndashndash Is the complaint frivolous on its faceIs the complaint frivolous on its face

STANDARD 3 STANDARD 3 ndashndash Is the respondent exempt from the provisions of Is the respondent exempt from the provisions of Chapter 814c of Connecticut General StatutesChapter 814c of Connecticut General Statutes

STANDARD 4 STANDARD 4 ndashndash Is there no reasonable possibility that Is there no reasonable possibility that investigating the complaint will result in a finding of reasonabinvestigating the complaint will result in a finding of reasonable le causecause

What happens after MAR if the What happens after MAR if the case is dismissedcase is dismissed

The Complainant has 15 The Complainant has 15 days to ask for a Release days to ask for a Release of Jurisdictionof Jurisdiction

If there is no request for If there is no request for a Release of Jurisdiction a Release of Jurisdiction the legal department will the legal department will do a do a ldquoldquoLegal ReviewLegal Reviewrdquordquo of of the case to determine if it the case to determine if it should be reinstatedshould be reinstated

Reasons a case would be Reasons a case would be reinstated after a Legal Reviewreinstated after a Legal Review

Relevant comparative Relevant comparative data not provided data not provided Credibility issues must Credibility issues must be resolved be resolved Witnesses need to be Witnesses need to be interviewed interviewed Documents need to Documents need to be sought be sought Response insufficient Response insufficient to support dismissal to support dismissal

Disputed issues of Disputed issues of fact that need to be fact that need to be resolved resolved Information sought in Information sought in the Schedule A the Schedule A request was not request was not provided provided Determination Determination regarding lack of regarding lack of jurisdiction flawed jurisdiction flawed

POSTPOST-- LEGAL REVIEWLEGAL REVIEW

If the complaint is reinstated a letter will If the complaint is reinstated a letter will be sent to the parties be sent to the parties

After legal review denying reinstatement After legal review denying reinstatement a letter will be sent to the parties with the a letter will be sent to the parties with the ROJ ROJ

What happens after MAR What happens after MAR

NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation will Mediation will take place take place shortly after shortly after each case is each case is retained or retained or reinstatedreinstated

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 9: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

What happens after MAR if the What happens after MAR if the case is dismissedcase is dismissed

The Complainant has 15 The Complainant has 15 days to ask for a Release days to ask for a Release of Jurisdictionof Jurisdiction

If there is no request for If there is no request for a Release of Jurisdiction a Release of Jurisdiction the legal department will the legal department will do a do a ldquoldquoLegal ReviewLegal Reviewrdquordquo of of the case to determine if it the case to determine if it should be reinstatedshould be reinstated

Reasons a case would be Reasons a case would be reinstated after a Legal Reviewreinstated after a Legal Review

Relevant comparative Relevant comparative data not provided data not provided Credibility issues must Credibility issues must be resolved be resolved Witnesses need to be Witnesses need to be interviewed interviewed Documents need to Documents need to be sought be sought Response insufficient Response insufficient to support dismissal to support dismissal

Disputed issues of Disputed issues of fact that need to be fact that need to be resolved resolved Information sought in Information sought in the Schedule A the Schedule A request was not request was not provided provided Determination Determination regarding lack of regarding lack of jurisdiction flawed jurisdiction flawed

POSTPOST-- LEGAL REVIEWLEGAL REVIEW

If the complaint is reinstated a letter will If the complaint is reinstated a letter will be sent to the parties be sent to the parties

After legal review denying reinstatement After legal review denying reinstatement a letter will be sent to the parties with the a letter will be sent to the parties with the ROJ ROJ

What happens after MAR What happens after MAR

NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation will Mediation will take place take place shortly after shortly after each case is each case is retained or retained or reinstatedreinstated

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 10: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Reasons a case would be Reasons a case would be reinstated after a Legal Reviewreinstated after a Legal Review

Relevant comparative Relevant comparative data not provided data not provided Credibility issues must Credibility issues must be resolved be resolved Witnesses need to be Witnesses need to be interviewed interviewed Documents need to Documents need to be sought be sought Response insufficient Response insufficient to support dismissal to support dismissal

Disputed issues of Disputed issues of fact that need to be fact that need to be resolved resolved Information sought in Information sought in the Schedule A the Schedule A request was not request was not provided provided Determination Determination regarding lack of regarding lack of jurisdiction flawed jurisdiction flawed

POSTPOST-- LEGAL REVIEWLEGAL REVIEW

If the complaint is reinstated a letter will If the complaint is reinstated a letter will be sent to the parties be sent to the parties

After legal review denying reinstatement After legal review denying reinstatement a letter will be sent to the parties with the a letter will be sent to the parties with the ROJ ROJ

What happens after MAR What happens after MAR

NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation will Mediation will take place take place shortly after shortly after each case is each case is retained or retained or reinstatedreinstated

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 11: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

POSTPOST-- LEGAL REVIEWLEGAL REVIEW

If the complaint is reinstated a letter will If the complaint is reinstated a letter will be sent to the parties be sent to the parties

After legal review denying reinstatement After legal review denying reinstatement a letter will be sent to the parties with the a letter will be sent to the parties with the ROJ ROJ

What happens after MAR What happens after MAR

NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation will Mediation will take place take place shortly after shortly after each case is each case is retained or retained or reinstatedreinstated

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 12: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

What happens after MAR What happens after MAR

NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation will Mediation will take place take place shortly after shortly after each case is each case is retained or retained or reinstatedreinstated

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 13: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

NEW FOCUS ON MEDIATIONNEW FOCUS ON MEDIATION

Mediation will Mediation will take place take place shortly after shortly after each case is each case is retained or retained or reinstatedreinstated

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 14: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Mandatory MediationMandatory Mediation

The mediator will determine The mediator will determine the method of mediation the method of mediation Mediation may take place Mediation may take place in person via email or on in person via email or on the telephone the telephone

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 15: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Who will mediateWho will mediate

Legal StaffLegal StaffInvestigators Investigators Regional ManagersRegional ManagersOther CHRO staff Other CHRO staff Interns and legal clinicsInterns and legal clinicsWe may seek volunteer attorneys to helpWe may seek volunteer attorneys to help

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 16: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

What else is new in case What else is new in case processingprocessing

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 17: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

An Investigator Will Be Assigned to An Investigator Will Be Assigned to Your CaseYour Case

If your case is not If your case is not successfully mediated it successfully mediated it will quickly be assigned to will quickly be assigned to an investigatoran investigator

Cases should no longer Cases should no longer sit in file drawerssit in file drawers

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 18: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Anything Else NewAnything Else New

Early Legal Early Legal InterventionIntervention

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 19: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

EARLY LEGAL INTERVENTION EARLY LEGAL INTERVENTION ndashndash What is itWhat is it

The parties or Commission can request an Early The parties or Commission can request an Early Legal intervention The legal department will Legal intervention The legal department will review the case and make one of the following review the case and make one of the following decisionsdecisionsThere is enough evidence for the case to go There is enough evidence for the case to go directly to public hearingdirectly to public hearingThe Complainant should be given an ROJ The Complainant should be given an ROJ There should be some specific further There should be some specific further investigation doneinvestigation done

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 20: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Investigations Investigations

FACT FINDING OR FULLFACT FINDING OR FULLCONFERENCE INVESTIGATION CONFERENCE INVESTIGATION

OR A COMBINATION OF BOTH OR A COMBINATION OF BOTH

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 21: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

THE INVESTIGATOR WILL DECIDE THE BEST THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASEWAY TO INVESTIGATE EACH CASE

In most cases the investigator In most cases the investigator will schedule a Factwill schedule a Fact--finding finding conference where the parties conference where the parties have a day at the CHRO to have a day at the CHRO to prove and defend their cases prove and defend their cases

The investigator may ask the The investigator may ask the parties to bring certain parties to bring certain witnesses and documents to witnesses and documents to the conferencethe conference

After the factAfter the fact--finding finding conference is over the conference is over the investigator will send out a investigator will send out a decision without much further decision without much further investigationinvestigation

A full investigation may or may A full investigation may or may not include a factnot include a fact--finding finding conferenceconference

Investigative techniques such Investigative techniques such as document requests witness as document requests witness interviews and interrogatories interviews and interrogatories are available to the are available to the investigatorinvestigator

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 22: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

DeterminationsDeterminationsAfter the investigator completes the After the investigator completes the investigation she prepares a draft finding of investigation she prepares a draft finding of Reasonable Cause or No Reasonable Cause to Reasonable Cause or No Reasonable Cause to share with the partiesshare with the parties

The parties then have The parties then have 15 days15 days to comment on to comment on the draft the draft

The investigator will review the partiesThe investigator will review the partiesrsquorsquocomments with hisher manager and determine comments with hisher manager and determine if further inquiry is necessary If not the if further inquiry is necessary If not the investigator issues herhis findingsinvestigator issues herhis findings

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 23: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Other Changes Other Changes

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 24: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Many documents will be eMany documents will be e--mailed mailed to partiesto parties

The Public Act allows us The Public Act allows us to send parties many to send parties many documents through documents through email email Parties will be asked to Parties will be asked to supply an email address supply an email address to the agencyto the agencyPlease make sure to Please make sure to regularly check your regularly check your email for correspondenceemail for correspondence

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 25: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

The time to get an ROJ has The time to get an ROJ has changedchanged

Complainants can now Complainants can now ask for an Release of ask for an Release of Jurisdiction after 180 Jurisdiction after 180 days (rather than 210)days (rather than 210)Complainants can also Complainants can also ask for an expedited MAR ask for an expedited MAR if they want an ROJ prior if they want an ROJ prior to 180 daysto 180 daysIf both sides agree If both sides agree parties can get an ROJ parties can get an ROJ immediately after the immediately after the complaint is filed (not complaint is filed (not new)new)

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 26: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Intervention as a Matter of RightIntervention as a Matter of Right

The Complainant can The Complainant can intervene as a matter intervene as a matter of right in a housing of right in a housing election caseelection caseCHROCHROrsquorsquoss legislative legislative response to response to ndashndash CHRO CHRO v Litchfield Housing v Litchfield Housing AuthorityAuthority

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 27: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Attorney Fees are Not Contingent on Attorney Fees are Not Contingent on Damages Requested or Awarded to the Damages Requested or Awarded to the

ComplainantComplainantCHROCHROrsquorsquoss legislative legislative response to State response to State Appellate courtAppellate courtrsquorsquos decision s decision in in CHRO v CHRO v BrookstoneBrookstoneCourtCourtAffects fees awarded at Affects fees awarded at public hearing or in court public hearing or in court ndashndash amends CGS amends CGS sectsectsectsect46a46a--86 10486 104Amends CGS Amends CGS sectsect 46a46a--95 95 ndashndash award of attorney fees award of attorney fees and costs for and costs for enforcement to enforcement to Commission or Commission or ComplainantComplainant

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions
Page 28: COMMISSION ON HUMAN RIGHTS AND … on human rights and opportunities expedited case processing pursuant to public act 11- -237

Questions Questions

  • COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
  • Goals of this training
  • Public Act 11-237 Themes
  • Themes of the Legislation contrsquod
  • 180 day Statute of Limitations
  • Where to File a CHRO Complaint in Connecticut
  • CHRO Complaint Process
  • MERIT ASSESSMENT REVIEW
  • What happens after MAR if the case is dismissed
  • Reasons a case would be reinstated after a Legal Review
  • POST- LEGAL REVIEW
  • What happens after MAR
  • NEW FOCUS ON MEDIATION
  • Mandatory Mediation
  • Who will mediate
  • What else is new in case processing
  • An Investigator Will Be Assigned to Your Case
  • Anything Else New
  • EARLY LEGAL INTERVENTION ndash What is it
  • Investigations
  • THE INVESTIGATOR WILL DECIDE THE BEST WAY TO INVESTIGATE EACH CASE
  • Determinations
  • Other Changes
  • Many documents will be e-mailed to parties
  • The time to get an ROJ has changed
  • Intervention as a Matter of Right
  • Attorney Fees are Not Contingent on Damages Requested or Awarded to the Complainant
  • Questions